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Bombay High CourtCA/6296/2024admittedallowedgrantedrule absolute

Babu Dipala Jadhav v. The State Of Maharashtra Thr The Collector, Osmanabad And ANR

2024-07-01Hon'Ble Shri Justice Kishore C. Sant1 pages

2024:BHC-AUG:12541 ( 1 ) ca6296.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 17 CIVIL APPLICATION NO. 6296 OF 2024 IN FA/3914/2022 BABU DIPALA JADHAV

VERSUS

THE STATE OF MAHARASHTRA THR THE COLLECTOR, OSMANABAD AND ANR Mr.L.C. Patil, Advocate for the applicant.

Ms.M.N. Ghanekar, AGP for the respondent/State. Mr.Madhav N. Kalyane h/f. Mr. G.B. Rajale, Advocate for respondent No.3.

CORAM

: KISHORE C. SANT, J.

DATED : 01.07.2024 PC :- 01.

Heard learned Advocates for the respective parties. This application is filed for withdrawal of the amount of compensation deposited by the appellant-acquiring body in this Court. The following order would meet the ends of justice.

i) The applicant is permitted to withdraw 50% of the amount deposited in this Court along with accrued interest on furnishing undertaking that in-case the appeal is allowed, the applicant shall re-deposit the amount with interest within 12 weeks. 25% of the amount deposited with accrued interest is allowed to be withdrawn on furnishing solvent surety/security to the satisfaction of Registrar (Judicial) of this Court. ii) Remaining 25% of the amount deposited shall be invested in the fixed deposit of any nationalized bank to be renewed from time to time till disposal of the appeal.

iii) The civil application is accordingly partly allowed and is disposed off.

[KISHORE C. SANT, J.] snk/2024/JUL24/ca6296.24